SECOND DIVISION

[ G.R. No. 234023, September 03, 2018 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JENNIE

MANLAO Y LAQUILA, ACCUSED-APPELLANT.

DECISION

PERLAS-BERNABE, J.:

Before the Court is an ordinary appeal[1] filed by accused-appellant Jennie Manlao y

Laquila (Jennie) assailing the Decision[2] dated May 11, 2017 of the Court of Appeals
(CA) in CA-G.R. CR-H.C. No. 06882, which affirmed the Decision[3] dated June 19,
2014 of the Regional Trial Court of Quezon City, Branch 85 (RTC) in Crim. Case No. Q-
11-171127 convicting her of Qualified Theft, defined and penalized under Article 310, in
relation to Article 309, of the Revised Penal Code (RPC).

The Facts

An Information[4] was filed before the RTC, charging Jennie with the crime of Qualified
Theft, the accusatory portion of which reads:

That on or about the 1st day of July 2011, in Quezon City, Philippines, the
said accused, being then employed as housemaid of one CARMEL ACE
QUIMPO-VILLARAZA with residential address located at No. 125 Baltimore
Street, Vista Real Subdivision, Brgy. Batasan Hills, this City, conspiring
together, confederating with other persons whose true names, identities and
present whereabouts have not as yet been ascertained and mutually helping
each [other] and as such had free access to the property stolen, with grave
abuse of confidence reposed upon her by her employer with intent to gain
and without the knowledge and consent of the owner thereof, did then and
there, willfully, unlawfully and feloniously take, steal and carry away the
following:

1. Rolex watch worth Php360,000.00

2. Omega watch worth Php120,000.00
3. Huer watch worth Php60,000.00
4. Philip Charriol watch worth Php72,000.00
5. Diamond engagement ring worth Php150,000.00
6. Wedding diamond earrings worth Php150,000.00
7. [Diamond] stud worth Php150,000.00
 8. Diamond cross pendant (princess cut) worth Php50,000.00
9. Diamond cross pendant worth Php25,000.00
10. Diamond donut pendant worth Php15,000.00
11. [Heart-shaped crushed] diamond earrings and ring worth
Php50,000.00
12. Princess cut diamond earring and ring, gold worth Php120,000.00
13. [Oval-shaped] diamond earring, [ring] and pendant set worth
Php100,000.00
14. Diamond [Creola] earring and ring set worth Php25,000.00
15. Diamond [studded Creola] earring and pendant set worth
Php25,000.00
16. [White] South Sea Pearl [earring] and pendant set worth
Php40,000.00
17. South Sea Champagne Pearl earring and pendant set worth
Php40,000.00
18. Baby South Sea Pearl earring and pendant worth Php30,000.00
19. White South Sea Pearl dangling earrings worth Php20,000.00
20. South Sea Pearl [choker] worth Php140,000.00
21. Pearl long necklace worth Php6,000.00
22. Double strand pink pearl necklace worth [Php 6,000.00]
23. [Small] Pearl choker and bracelet worth Php3,000.00
24. Blue Sapphire with diamonds ring worth Php40,000.00
25. Blue Sapphire with diamonds and pendant worth Php15,000.00
26. Amethyst earring worth Php10,000.00
27. Blue Topaz earring and [pendant] set worth Php15,000.00
28. White gold [n]ecklace worth Php8,000.00
29. Gold [n]ecklace worth Php4,000.00

all in total [value] of Php1,849,000.00, Philippine Currency, belonging to

said CARMEL ACE QUIMPO-VILLARAZA, to the damage [and] prejudice of
the said offended party in the amount aforementioned.

CONTRARY TO LAW.[5]

The prosecution alleged that in February 2011, Carmel Ace Quimpo-Villaraza (Carmel)
and her husband, Alessandro Lorenzo Villaraza (Alessandro), hired Jennie as their
housemaid, who was tasked to iron their clothes and to clean the house, including the
second floor. Jennie was referred to Carmel by a certain Maribel, who was a housemaid
of her son's friend. Upon hiring, Carmel briefed Jennie about the house's security, gave
her a list of phone numbers to call in case of emergency, cautioned her about
scammers calling houses, and explicitly instructed her not to entertain people who
would visit or call to say that something happened to her employers. Carmel also
stressed that if something happens to her, she would not call her housemaids. After two
(2) months, Carmel hired another housemaid, Geralyn Noynay (Geralyn), whose job
was to cook, wash clothes, clean the exterior of the house, and do some gardening.[6]
At around 5:30 in the afternoon of July 1, 2011, Geralyn was cooking in the kitchen
when she noticed Jennie talking to someone over the house phone and crying. When asked,
Jennie replied that their employers met an accident. Geralyn saw Jennie going up and
down the stairs and decided to follow her. Upstairs, Geralyn found the bathroom inside the
master's bedroom open, and saw Jennie in the act of opening the bathroom drawer using
a knife, screwdriver, and hairpins. When Geralyn asked why she destroyed the lock, Jennie
responded that Carmel instructed her to open the drawer to look for dollars and told
Geralyn not to interfere. Thereafter, Jennie went downstairs to talk to someone over the
phone and later on, went up again to the master's bedroom to take Carmel's jewelry.
Meanwhile, Geralyn comforted their employers' eight (8)-year old son who began crying
due to the commotion. As she comforted the child, Geralyn noticed the pearls as among
those which Jennie took from Carmel's drawer. Jennie then left the house with all the pieces
of jewelry with her.[7]

Meanwhile, at around 3:30 in the afternoon of even date, Carmel kept calling the house
phone to check on her son but the line was continuously busy. She also tried reaching
her two (2) housemaids through their mobile phones, but to no avail. After fetching
Alessandro, they decided to call the latter's brother, Carlo, who lives in the same
village, to ask if he could send his maid to their house and inform the housemaids that
they have been calling the house phone. Finally, Geralyn answered the phone and,
when asked why the line was busy, Geralyn explained that Jennie used it earlier and
left the line hanging. She then informed them that Jennie left the house at around six
(6) o'clock in the evening after taking Carmel's jewelry. Upon the couple's request,
Carlo stayed in the latter's house and confirmed that he found the bathroom door and
drawer open, with the keyhole destroyed.[8]

Upon reaching their house, Carmel found her drawer inside the bathroom open with all
of her jewelry, which she accumulated for 20 years, missing. At around 11:30 in the evening
of even date, Carmel received a call from the village guards that Jennie was with them.
Alessandro then picked up Jennie from the gate, and when they arrived a few minutes
later, Carmel opened the car's rear door and immediately asked Jennie if the latter took
her jewelry, to which the latter answered yes while crying. When asked for a reason,
Jennie stated that somebody called to inform her that Carmel figured in an accident,
and asked her to look for dollars in Carmel's cabinet. Instead, she took the jewelry and
brought them to a fair-skinned woman in Caloocan. At this juncture, Carmel reminded
Jennie again about the house rules on callers, but Jennie kept crying. Thus, the couple
decided to bring Jennie to the nearby police station and filed the complaint.[9] The
following day, police officers went to the house of Maribel's employers, but they
were told that she left on the day of the incident.[10]

For her part, Jennie pleaded not guilty to the crime charged,[11] and presented her own
narration of the events. She averred that at three (3) o'clock in the afternoon of that fateful
day, a certain Beth Garcia (Beth) called the house phone, asked her if she was Jennie, and
apprised her that her employers met an accident. Beth briefed her that "Carmel" would
talk over the phone slowly because she has a wound in her mouth. Then, a woman
who purported herself to be Carmel instructed Jennie to open the bedroom door and
look for dollars, prompting Jennie to go to the kitchen to get a knife. Unable to find dollars,
Jennie talked to "Carmel" over the phone again and the latter
instructed her to get the jewelry instead, and thereafter, to go to Cubao and ride a bus
going to Monumento, where a woman will meet her at 7-Eleven. Upon arrival, a woman
approached Jennie, introduced herself as "Carmel's" companion, then took the bag
containing the jewelry. After which, Jennie went home. When she arrived at the
subdivision gate, the security guards asked her to proceed to the second gate where
Alessandro was waiting for her.[12]

The RTC Ruling

In a Decision[13] dated June 19, 2014, the RTC found Jennie guilty beyond reasonable
doubt of Qualified Theft, and accordingly, sentenced her to suffer the penalty of
reclusion perpetua and ordered her to restitute to Carmel the amount of
P1,189,000.00, representing the value of the jewelry and watches stolen.[14]

The RTC held that all the elements of Qualified Theft are present, having found that
Jennie is a domestic servant who admittedly took Carmel's jewelry and watches without
the latter's consent, but without using violence or intimidation against persons nor
force upon things. As regards intent to gain, the RTC held that it is presumed from
Jennie's overt acts such as: (a) calmly opening the drawer which is contrary to a
person's behavior under stressful situations; (b) intentionally leaving the phone
hanging; and (c) deliberately deviating from Carmel's instructions regarding scammers.
Anent the value of the missing items, the Court noted that while the Information stated
that the aggregate value of the jewelry is P1,849,000.00, such amount was merely
Carmel's estimates, and thus, cannot be taken on its face value. Nonetheless, since the
stolen items consist of various luxury watches and jewelry, including diamonds and
pearls, the RTC pegged their aggregate value at, more or less, P1,189,000.00.[15]

Aggrieved, Jennie appealed[16] to the CA.

The CA Ruling

In a Decision[18] dated May 11, 2017, the CA affirmed the RTC ruling.[19] It held that
the prosecution had established all the elements of the crime charged, highlighting that
the element of intent to gain may be presumed from the proven unlawful taking, as in
this case. It also stated that the intent to gain is immediately discernable from Jennie's
acts – i.e., she did not show any sign of emotional distress upon learning that Carmel
figured in an accident, she damaged only the keyhole of the drawer where the stolen
items were kept, and she left the phone hanging after the call – all of which ensured
the commission of the crime. The CA further noted that Jennie's low educational attainment
is not a basis to presume that she was not fully aware of the consequences of her actions.
Moreover, the CA found no error in the RTC's reduction of the value of the jewelry taken
by ascertaining their value based on the pictures presented before it. [20]
Hence, this appeal.[21]

The Issue Before the Court

The issue for the Court's resolution is whether or not Jennie is guilty beyond reasonable
doubt of Qualified Theft.

The Court's Ruling

The appeal is without merit.

Time and again, it has been held that an appeal in criminal cases opens the entire case
for review, and it is the duty of the reviewing tribunal to correct, cite, and appreciate errors
in the appealed judgment whether they are assigned or unassigned.[22] "The appeal
confers the appellate court full jurisdiction over the case and renders such court competent
to examine records, revise the judgment appealed from, increase the penalty, and
cite the proper provision of the penal law."[23]

Guided by this consideration, the Court affirms Jennie's conviction with modification as
to the penalty and award of damages to private complainant, as will be explained
hereunder.

Article 310 of the RPC states:

Article 310. Qualified theft. – The crime of theft shall be punished by the
penalties next higher by two degrees than those respectively specified in the
next preceding articles, if committed by a domestic servant, or with grave abuse
of confidence, or if the property stolen is motor vehicle, mail matter or large
cattle or consists of coconuts taken from the premises of the plantation
or fish taken from a fishpond or fishery, or if property is taken on the occasion
of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular
accident or civil disturbance.

The elements of Qualified Theft are as follows: (a) the taking of personal property; (b)
the said property belongs to another; (c) the said taking be done with intent to gain;
(d) it be done without the owner's consent; (e) it be accomplished without the use of
violence or intimidation against persons, nor force upon things; and (f) it be done
under any of the circumstances enumerated in Article 310 of the RPC, i.e., committed
by a domestic servant.[24]

Verily, the Court finds that these elements concur in this case as the prosecution,
through its witnesses, was able to establish that Jennie, while employed as Carmel's
housemaid, admittedly took all of the latter's pieces of jewelry from the bathroom
drawer without her authority and consent.

In maintaining her innocence, Jennie insists that as a naive kasambahay who hailed
from a rural area and only had an educational attainment until Grade 4, she was
merely tricked in a modus operandi when she complied with the verbal instructions
relayed over the phone by a person whom she thought to be Carmel. She further points
out that her non-flight manifests her lack of intent to gain; otherwise, she would not
have returned to her employers' residence and face prosecution for the enormous value
of the items taken.[25]

The Court is not convinced.

Jurisprudence provides that intent to gain or animus lucrandi is an internal act which
can be established through the overt acts of the offender[26] and is presumed from the
proven unlawful taking.[27] Actual gain is irrelevant as the important consideration is
the intent to gain.[28] In this case, suffice it to say that Jennie's animus lucrandi is
presumed from her admitted taking of the stolen items. Further, her aforesaid excuse
that she was merely tricked cannot be given credence for likewise being illogical,
especially in view of Carmel's warning against scammers and explicit directive not to
entertain such phone calls.

Thus, the Court finds no reason to deviate from the factual findings of the trial court, as
affirmed by the CA, as there is no indication that it overlooked, misunderstood or
misapplied the surrounding facts and circumstances of the case. In fact, the trial court
was in the best position to assess and determine the credibility of the witnesses
presented by both parties, and hence, due deference should be accorded to the same.
[29] As such, Jennie's conviction for Qualified Theft must be upheld.

Anent the proper penalty to be imposed on Jennie, it is well to stress that pending the
final resolution of this case, Republic Act No. (RA) 10951[30] was enacted into law. As
may be gleaned from the law's title, it adjusted the value of the property and the
amount of damage on which various penalties are based, taking into consideration the
present value of money, as opposed to its archaic values when the RPC was enacted in
1932.[31] While it is conceded that Jennie committed the crime way before the
enactment of RA 10951, the newly-enacted law expressly provides for retroactive effect
if it is favorable to the accused,[32] as in this case.

Section 81 of RA 10951 adjusted the graduated values where the penalties for Theft
are based. Pertinent portions of which read:

Section 81. Article 309 of the same Act is hereby amended to read as
follows:

"ART. 309. Penalties. – Any person guilty of theft shall be punished by:

xxxx
 2. The penalty of prision correccional in its medium and maximum periods, if
the value of the thing stolen is more than Six hundred thousand pesos
(P600,000) but does not exceed One million two hundred thousand pesos
(P1,200,000).

x x x x"

Thus, applying the provisions of RA 10951, the Indeterminate Sentence Law, the
increase of the aforesaid penalty by two (2) degrees in instances of Qualified Theft
under the RPC,[33] and considering further the absence of any mitigating or
aggravating circumstances and the fact that the aggregate value of the stolen items
amounts to P1,189,000.00, the Court finds it proper to sentence Jennie to suffer the
penalty of imprisonment for an indeterminate period of seven (7) years, four (4)
months, and one (1) day of prision mayor, as minimum, to eleven (11) years, six (6)
months, and twenty-one (21) days of reclusion temporal, as maximum.

Finally, the monetary awards due to Carmel shall earn legal interest at the rate of six
percent (6%) per annum from the date of finality of this Decision until full payment,
pursuant to prevailing jurisprudence.[34]

WHEREFORE, the appeal is DENIED. The Decision dated May 11, 2017 of the Court of
Appeals in CA-G.R. CR-H.C. No. 06882 finding accused-appellant Jennie Manlao y
Laquila GUILTY beyond reasonable doubt of the crime of Qualified Theft, defined and
penalized under Article 310, in relation to Article 309, of the Revised Penal Code is
hereby AFFIRMED with MODIFICATIONS, sentencing her to suffer the penalty of
imprisonment for an indeterminate period of seven (7) years, four (4) months, and one
(1) day of prision mayor, as minimum, to eleven (11) years, six (6) months, and
twenty-one (21) days of reclusion temporal, as maximum, and ordering her to pay
private complainant Carmel Ace Quimpo-Villaraza the amount of P1,189,000.00 as
actual damages, with legal interest at the rate of six percent (6%) per annum from the
date of finality of this Decision until full payment.

SO ORDERED.

Carpio, (Chairperson), Caguioa, A. Reyes, Jr., and J. Reyes, Jr.*, JJ., concur.

* Designated Additional Member per Special Order No. 2587 dated August 28, 2018.

[1] See Notice of Appeal dated May 31, 2017; rollo, pp. 14-15.

[2] Id. at 2-13. Penned by Associate Justice Leoncia Real-Dimagiba with Associate

Justices Ramon R. Garcia and Henri Jean Paul B. Inting, concurring.

[3] CA rollo, pp. 46-60. Penned by Acting Presiding Judge Luisito G. Cortez.
[4] Records, pp. 1-2 and 3-4.

[5] Id.

[6] See rollo, p. 4. See also CA rollo, p. 49.

[7] See rollo, pp. 4-5.

[8] See id. at 5-6.

[9] See id. at 6-7.

[10] CA rollo, p. 51.

[11] Rollo, p. 3.

[12] See id. at 7-8.

[13] CA rollo, pp. 46-60.

[14] Id. at 59.

[15] See id. at 55-59.

[16] See Notice of Appeal dated June 19, 2014; id. at 10-11.

[18] Rollo, pp. 2-13.

[19] Id. at 12.

[20] See id. at 8-12.

[21] See Notice of Appeal dated May 3, 2017; id. at 14-15.

[22] See People v. Dahil, 750 Phil. 212, 225 (2015).

[23] People v. Comboy, G.R. No. 218399, March 2, 2016, 785 SCRA 512, 521.

[24] See Candelaria v. People, 749 Phil. 517, 523-524 (2014).

[25] See Appellant's Brief; CA rollo, p. 40.

[26] People v. Del Rosario, 411 Phil. 676, 686 (2001).

[27] See People v. Cabanada, G.R. No. 221424, July 19, 2017.

[28] See id.

[29] See Peralta v. People, G.R. No. 221991, August 30, 2017.

[30] Entitled "AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND

DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE
REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE
KNOWN AS 'THE REVISED PENAL CODE,' AS AMENDED," approved on August 29, 2017.

[31] See Article 1 of the RPC.

[32] See Section 100 of RA 10951. See also Rivac v. People, G.R. No. 224673, January

22, 2018.

[33] See Article 310 of the RPC, as amended.

[34] See People v. Jugueta, 783 Phil. 806, 854 (2016).

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